Trade Unions and Collective Bargaining
Trade Unions and Collective Bargaining
This domain tests the legal base of trade unions and the process of collective bargaining (CB). Expect questions on registration, recognition and bargaining outcomes.
Core rules
- Under the Trade Unions Act 1926, any seven or more members may apply for registration; a registered union is a body corporate with perpetual succession.
- Registration is not the same as recognition by an employer. Recognition determines who bargains; it may arise by agreement, standing orders, or statutory mechanism.
- A registered union gets limited civil immunity under s.18 for acts in contemplation or furtherance of a trade dispute; s.19 protects agreements from being void merely for restraint of trade.
- CB is negotiation between employer and workers' representatives over wages, hours, leave, safety and grievance procedure. It can be plant, industry or national level.
- The process runs through preparation, claims, negotiation, agreement, ratification and implementation.
Worked example
Forty workers form a union. Only five sign the application, so registration fails because the Act requires seven applicants. If seven register, the union is legal, but the employer is not automatically compelled to recognise it. Recognition must be settled by agreement, certification or applicable statute; only then can it claim bargaining rights. The legal status and bargaining status are separate questions.
Traps
Do not treat registration as recognition. Do not claim blanket immunity: protection is for registered unions and lawful trade-dispute acts, not violence or illegal strikes. CB is not the same as conciliation, where a third party assists.